Draft rules against 'cut practice' recommend 5 years in jail for doctors

A preliminary draft of the proposed legislation against "cut practice" has recommended a jail term of five years and penalty of up to Rs 50,000 against doctors indulging in unethical means to exploit patients.Sumitra Debroy | TNN | August 19, 2017, 15:32 IST

The nine-member committee working on the legislation recently submitted the first draft to the state's medical education department. A final version is expected soonMUMBAI: A preliminary draft of the proposed legislation against "cut practice" has recommended a jail term of five years and penalty of up to Rs 50,000 against doctors indulging in unethical means to exploit patients.

The nine-member committee working on the legislation recently submitted the first draft to the state's medical education department. A final version is expected soon.

Tentatively named the "Prevention of Cut Practices in Healthcare Services Act, 2017", the legislation is being framed to clamp down on unnecessary referral of patients by a doctor, hospital or a diagnostic centre. A doctor or medical institution will face an inquiry by the anti-corruption bureau (ACB) if a complaint is lodged against them under section 3 of the law that defines the offences of "cut practice".

The ACB is expected to check the veracity of the complaint and complete the investigation within three months. It can seek additional time of three months. A provision of fining bogus complainants has been made. After a probe, the ACB will file a complaint before the sessions court, which will try the case under the Code of Criminal Procedure, 1973. Till the inquiry is complete, anyone trying to malign the reputation of the doctor or the healthcare service provider shall be liable to one month's jail (see box).

The draft rules also call for simultaneous action from the respective medical council under which the doctor or the hospital is registered. "If a medical professional or a hospital is found guilty, the council shall take cognizance of such offence and initiate an inquiry into the case within six months of the receipt of the FIR," it says. It should take appropriate legal action and may also suspend the guilty for at least three months.

Former DGP Praveen Dixit, who is heading the nine-member committee, said the draft will take into account public opinion. "Stakeholders can send their opinion to the Directorate of Medical Education and Research (DMER), which will be considered and incorporated after discussions," he said. He added that veterinary doctors, occupational therapists and even dentists will come under the purview of the law. Interestingly, the rules are silent on alternative medicine practitioners, such as homeopaths.

DMER head Dr Pravin Shingare said a series of meetings has been lined up with medical experts. "Several clauses may be added, refined. We are planning to get the final draft ready by November and sending it to the law and judiciary department. We want to table it in the winter session of the assembly," he said.

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